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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, R.N. LADDHA, JJ.
Pradeep Rameshwar Sharma – Appellant
Versus
National Investigating Agency, Mumbai – Respondent
Criminal Appeal No. 258 of 2022
Decided On : 23-01-2023
Indian Penal Code, 1860 - Section 120B, 201, 302, 364, 403, 465, 473, 506(2), 379 –Criminal Procedure Code, 1973 - Section 173(8), 174, 161, 164 - National Investigation Agency Act, 2008 - Section 21 - Arms Act, 1959 - Section 25 - Unlawful Activities (Prevention) Act, 2004 – Section 16, 18, 20, 286 - Explosive Substances Act, 1908 - Section 4(a)(b)(i) - Punishment of criminal conspiracy - Punishment for murder - Punishment for forgery - Punishment for theft - Police to enquire and report on suicide, etc - Examination of witnesses by police - Recording of confessions and statements - Kidnapping or abducting in order to murder - Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise - Causing disappearance of evidence of offence, or giving false information to screen offender -Whether there were any documents/statements with respect to same, answer was in negative –Held, Court may note, that it does not appear to be prosecution case that appellant booked any tickets facilitating escape of co-accused - A perusal of charge against appellant is that he directed Santosh Shelar to flee from Mumbai to Nepal along with his henchmen and not that appellant booked tickets. No doubt, tickets were booked by daughter, however, what cannot be lost sight of, is, that was closely associated with appellant and there are CDRs to that effect - Although contended that was known to appellant, as earlier, he was his informer and as such, said circumstance i.e. being in touch , cannot be said to be incriminating, Court are afraid that at this stage, court cannot accept said submission, considering role , who was closely associated with appellant in commission of said crime - It is prosecution case, that was one of assailants, who smothered and disposed of his dead body alongwith other co-accused –Ordered Accordingly.
JUDGMENT :
REVATI MOHITE DERE, J.
1. In view of not before order passed by Justice A.S. Gadkari vide order dated 21.09.2022, the present appeal is listed before this Bench.
2. By this appeal, preferred under Section 21 of the National Investigation Agency Act, 2008 (‘the NIA Act’) the appellant (A-10) has impugned the order dated 16.02.2022 passed by the learned Special Court (NIA), Greater Mumbai, rejecting his application for bail and as such seeks his enlargement on bail in connection with NIA RC 01/2021/NIA/MUM (NIA Special Case No. 1090/2021), for the alleged offences punishable under Sections 120B, 201, 302, 364 and 403 of the Indian Penal Code (‘IPC’), Section 25 of the Arms Act and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 2004.
Relevant Facts:
3. A few facts as are necessary to decide the appeal are as under:
3.2 The said C.R. was transferred to the Crime Intelligence Unit, Crime Branch, Mumbai (‘the CIU’) and the case came to be re-registered as C.R. No. 40/2021. The investigation of the said case was assigned to Sachin Waze (A-1), the then API, CIU, Crime Branch, Mumbai, for investigation. During the course of investigation, it was learnt that the Scorpio vehicle which was found, had a fake number plate and that the actual number of the vehicle was MH-02-AY-2815. In respect of the said Scorpio vehicle, a separate C.R. i.e. C.R. No. 47/2021 was registered with Vikhroli Police Station, Mumbai, by Mansukh Hiren (deceased) on 18.02.2021 alleging theft of his vehicle i.e. for an offence punishable under Section 379 of the IPC. According to Mansukh Hiren (deceased), his vehicle i.e. Scorpio vehicle was stolen on 17.02.2021, by unknown person.
3.3 The investigation of the said C.R. i.e. C.R. No. 47/2021 registered with the Vikhroli Police Station was also transferred to CIU, Crime Branch, Mumbai and the said C.R. was re-registered as C.R. No. 41/2021. The investigation of the said case was also assigned to Sachin Waze (A-1).
3.4 On 01.03.2021 and 02.03.2021, Mansukh Hiren (deceased) was summoned by the CIU, Crime Branch, pursuant to which, Mansukh Hiren attended the CIU Office on 02.03.2021 and 03.03.2021.
3.5 On 04.03.2021, Mansukh Hiren left his house to meet one police officer named Tawde, after which he did not return home. Pursuant thereto, on the next day, i.e. on 05.03.2021, a missing person complaint was filed at the Naupada Police Station, Thane, by Mansukh Hiren’s son-Meet Hiren. The said complaint was registered vide Missing Person Report No. 16/2021.
3.6 On 05.03.2021, Mansukh Hiren’s dead body was found by Mumbra Police in the creek area of Retibunder. Pursuant thereto, an Accidental Death Report No. 39/2021 under Section 174 of the Cr.P.C was registered by the Mumbra Police Station. During the course of investigation by the Mumbra Police, Mansukh Hiren’s widow-Vimla Hiren, in her written complaint before the ATS, Thane Unit, alleged foul play and expressed her suspicion against Sachin Waze.
3.7 On 06.03.2021, the Government of Maharashtra issued an order transferring the cases relating to placing of explosive laden Scorpio SUV, theft of Scorpio vehicle and the ADR case of Mansukh Hiren, to the Anti Terrorist Squad (‘ATS’) Maharashtra for further investigation.
3.8 On 07.03.2021, the ATS, Maharashtra converted the ADR No. 39/2021 into an offence of murder and re-registered the case as C.R. No. 12/2021, alleging offences punishable un
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